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General  orders, 
Conf  Pam  12mo  #852 


IIEIDOUARTERS   DEPARTIIE^  OF  WESTER^^  VIRGINIA. 

GENERAL  ORDERS,  )  ' 

No.  43.  /  DuBLm,  Sept.  29,  1863. 

Before  a  General  Court  Martial,  convened  in  accordance  with 
special  Orders  No.  198,  from  these  Headquarters,  at  Lewisburg, 
Greenbrier  county,  Va.,  August  14th,  181^3,  were  arraigned  and 
tried : 

I.  Private  Spencer  Goad,  Co.  I,  45th  Va.  Regiment. 
Charge.     Disobedience  of  Ordoi's. 

FINDING  AND  SEIfTENCE  OF  THE  COURT. 

After  mature  deliberation,  the  Court  find  the  accused,  private 
Spencer  Goad,  co.  I,  45th  Va.  Regiment,  as  follows ;  ^ 

Of  the  specification,  _N'ot  guilty. 

Of  the  Charge,     •  ^  Not  guilty.  • 

And  the  Court  do  therefore  acquit  the  said  Spencer  Goad,  pri- 
vate CO.  I,  45th  Va.  Regiment. 

The  above  findings  are  on  account  of  the  discrepancy  between  the 
date  of  the  offense,  a3  set  forth  in»  the  specification,  and  the  date 
stated  in  the  evidence. 

IL  Lt.  Chas.  BaumgarbneRj  co.  B,  45th  Va.  Regiment. 
Charge.    Disobedience  of  orders. 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation,  the  Court  find  the  accused  Lt.  Cha«; 
Baumgardner,  co.  B,  45th  Va.  Regiment,  as  follows  i 

Of  the  specification,  .    Notguilty^ 

Of  the  charger  Not  guilty* 


•  And  the  Court  do   therefore  honorably  acquit  Lt.  Chas.  Baum- 
gardner,  co.  B,  45th  Va.^Rcgiment. 

III.  Lt.  James  Buciiannan,  co.  B,  45th  Va.*  Regiment. 
Charge  1st.     Not  using  his  utmost  endeavors  to  suppress  a  mu- 
tiny or  sedition. 
Charge  2nd.     Not  giving  information  of  a  mutiny  or  sedition  to 

.his  commanding  officer. 
Charge     3rd.     Conduct  subversive  of  good  order  and   military 
discipline. 

FINDING  AND  SENTENCE  OF  THE  COURT. 

xifter  mature  deliberation  the  Court  find  the  accused  Lt.  James 
Buchannaii,  cu.  B,  45th  Va'.  Regiment,  as  follows  : 

Of  specification,  1st  charge,  Guilty. 

Of  1st  charge,  .         Guilty. 

Of  specification,  2nd  charge,  '  Guilty. 

Of  2nd  charge,  .•         .       '     .  Guilty. 

Of  specification,  3d  charge,  Guilty. 

Of  3rd  charge,  .  Guilty. 

And  the  Court  do  therefore  sentence  him,  the  said  Lt.  James 
Buchannan,  co.  B,  45th  Va.  Regiment,  "  to  be  publicly  reprimand- 
ed by  his  Commanding>  officer  at  dress  parade,  and  to  be  suspended 
from  command  and  confined  to  camp  for  the  period  of  one  month." 
The  Court  was  thus  lenient,  because  of  the  fact  that  the  prisoner 
did  make  efforts  to  suppress  the  mutiny,  though  in  not  arresting  the 
persons  engaged  in  -it,  he  did  nbt  do  his  utmost  to  suppress  it. 

IV.  Private.  H.  H.  Williams,  co.  E,  45th  Va.  Regiment. 
Charge.     Sleeping  on  post. 

FINDIN(f  AND  SENTENCE  OF  THE  COURT. 
ATter  mature  deliberation  the  Court  find  the  accused,  private  H. 
H.- Williams,  co.  E,  45th  Va.  Regiment,  as" follows: 

of  the  specificatioD,  Guilty, 

Of  Ijhe  Charge,  Guilty. 


And  do  therefore  sentence  the  accused,  H.  H.  Williams,  private 
CO.  E,  4oth  Regiment,  "  to  hard  labor,  with  ball  and  chain,  for  the 
period  of  twelve  months. 

V.  Private  Lewis  A.  Lark,  co.  G,  23d  Batt.  Va.  Vols. 
Charge.     Desertion. 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation,  the  Court  fiifd  the  accused,  private 
Lewfs  A.  Lark,  co.  G,  20d  Va.  Battalion,  as  follows :     • 

Of  the  specification,  Not  guilty. 

Of  the  Charge,  -  Not  guilty. 

But  guilty  of  absence  without  leave. 

And  do  therefore  sentence  tlie  accused,  private  Lewis  A.  Lark, 
CO.  G,  23d  Va.  Battalion,  "  that  he  walk  a  beat,  under  guard,  for 
ten  consecutive  days,  Sundays  excepted,. from  nine  until  twelve,  and 
from  two  until  five  each  day.  And  during  the  time  his  Captain  is 
to  read  and  explain  to  him  the  Articles  of  War. 

The  Court  has  been  thus  lenient  to  the  prisoner  on  account  of 
his  being  a  new  recruit,  and  never  having  the  Articles  of  War  read 
to  him.  , 

VI.  Private  Freeling  Siphers,  co  C,  23d  Va.  Battalion.  • 
Charge.     Desertion. 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation,  the. Court  find  the  accused,  private 
Freeling  Siphers,  co.  C,  23d  Va.  Battalion;  as  follows : 

Of  the  specification.  Not  guilty. 

Of  the  charge,    •  Not  guilty. 

But  guilty  of  absence  without  leave  for  the  time  specified. 

And  the  Court  do  tlierefore  sentence  the  accused,  Freeling  Si- 
phers, CO.  C,  23d  Va.  Battalion,  as  follows  : 

Stoppage  of  pay  for  the  length  of  time  he  was  absent,  and  soli- 
tary confinement  in  the  dungeon  of  the  "Lewisburg  Jail,  for  four- 
teen days,  and  to  be  fed  on  bread  and  water  during  that  time. — 
After  which,  he  will  return  to  his  Company,  be  caused  to  be  march- 


ed  in  front  of  the  lines  of  dress  parade,  with  the  words  "  straggler," 
in  large  letters  on  his  back. 

VII.  Private  Hiram  Thompson,  co.  I,  45th  Va.  Regiment. 
Charge.     Desertion.    , 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation  the  Court  find  the  accused,  private 
H.  Thompson,  co.  I,  45^11  Va.  Regiment  as  follows: 

Of  the  specification,  Guilty. 

Of  the  charge,  *  Guilty. 

And  the  Court  do  therefore  sentence  the  accused,  Hiram  Thomp- 
son, private  co.  I,  45th  Va.  Regiment,  'Ho  confinement  at  hard  la- 
bor, with  ball  and  chain,  for  twelve^months." 

VIII.  Private  Daniel  Shrewsbury,  co.  G,  23d  Va.  Battalion. 
Charge,     Desertion. 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation,  the  Couvt  find  the  accused,  private 
Daniel  Shrewsbury,  co  G,  23d  Battalion,  Va.  Vol's  : 
.  Of  the  specification,  Not  guilty.  * 

Of  the  charge,  •      Not  guilty. 

.  But  guilty  of  absence  without  leave  under  the  circumstances  set 
forth  in  the  specification. 

And  the  Court  do  therefore  sentence  the  accused,  private  Dan- 
iel Shrewsbury,  co.  G,  23d  Va.  Battalion,  "  to  cut  a  cord  of  wood 
every  day  for  fourteen  (14)  successive  days,  (Sundays  excepted,) 
and  that  he  be  kept  under  guard  during  that  period,  and  that  he 
afterwards  be  confined  to  the  limits  of  Camp  for  three  (3)  months. 

IX.  Capt.  C.  B.  Duncan,  A.  Q.  M.,  Acting  with  87th  Batt.  Va. 

Cavalry. 
Charge  1st.     Disobedience  of  orders. 

Charge  2nd.     Conduct  to  the  prejudice  of  good  order  and  milita- 
ry discipline. 
After  mature  deliberation,  the  Court  find  the  accused,  Capt.  C. 
B.  Duncan,  A.  Q.  M.,  Acting  with  the  37th  Batt.  Va.  Cavalry,  as 
follows: 


Of  the  1st  specification  of  1st  charge,  Guilty. 

Of  the  1st  charge,  Guilty. 

Of  the  specification  of  2nd  charge,  Not  guilty. 

.Of  the  2ikI  charge,  Not  guilty. 

Although  the  Court  find  the  accused,  Capt.  C.  B.  Duncan,  A. 
Q.  M.,  37th  Battalion  Va.  Cavalry,  guilty  of  the  first  charge  and 
specification,  it  is  nevertheless  unanimously  of  the  opinion  that  the 
'  accused,  not  being  duly  certified  to,  ought  to  have*been  ordered  to 
be  paid,  and  that  Capt.  Duncan,  A.  Q.  M.,  showed  no  disposition  to 
disobey  any  legal  order  of  his  Commanding  Officer. 

And  the  Court  do  therefore  honorably  acquit  the  said  Capt.  C. 
B.  Duncan,  A.  Q.  M.,  of  :37th  Batt.  Va.  Cavalry. 

X.  Private  Wade  H.  Duncan,  co.  H,  23d  Batt.  Va.  Vols. 

Charge  1st.     Desertion. 

Charge  2nd.     Persuading  another  soldier  to  desert. 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation,  the  Court  find  the  accused,  private 
W.  H.  Duncan,  co.  H,  23dBatt.  Va,  Vols.,' as  follows: 

Of  the  specification  of  the  1st  charge,  Guilty. 

Of  the  1st  charge.  Guilty. 

Of  the  specification  of  the  2nd  charge.  Not  guilty. 

Of  the  2nd  charge,  Not  guilty. 

And  the  Court jlo  therefore  sentence  the  said  Private  Wade  H. 
Duncan,  co.  H,  23d  Va.  Battallion,  "to  be  confined  to  hard  labor 
for  two  months,  -with  ball  and  chain,  and  to  forfeit  two  months  pay." 

The  Court  has  been  thu=?  lenient  in  the  case  of  private  Duncan, 
because  of  the  imperfect  understanding  which  his  Company  Com- 
mander seems  to  have  had  of  the  circumstances  and  term  of  his  en- 
listment, and  further,  because  the  application  which  he  made  for  a 
discharge  on  the  1st  of  September,  1863,  was  not  considered  or 
forwarded  by  either  his  Company  or  Battalion  Commander. 

XI.  Private  G.  W.  Meador,  co.  G.  23d  Va.  Batt.  Infantry. 
Charge.     Desertion. 


6 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation,  the  Court  find  the  accused,  private 
Gr.  W;  Meador,  co.  Q^  23d  Va.  Batt.  Infantry,  as   follows  : 

Of  the  specification  of  the  charge,  N(jt  guilty.  ^ 

Of  the  charge,  Not  guilty. 

But  guilty  of  absence  without  leave,  under  the  circumstances  set 
forth  in  the  specification. 

And  do  therefore  sentence  him,  the  said  private  G.  W.  Meador, 
CO.  G,  23d  Ya.  Batt.  Infantry  :  "  to  suffer  solitary  confinement  in 
the  dungeon  of  the  Lewisburg  Jail,  for  two  periods  of  ten  days  each, 
with  an  interval  of  ten  days  between  tlie  periods  of  co'nfincment, 
during  which  interval -he"  will  be  confined  to  the  Jail  of  Lewisburg, 
with  his  usual  rations." 

XII.  Private  N.  M.  Neeley,  co.  B,  23d  Va.  Battalion. 

Charge.     Desertion. 

« 

FINDING  AND  SENTENCE  OF  THE  COURT. 

After  mature  deliberation,  the  Court  find  the  accused,  Private 
N.  M.  Neeley,  co.  B,  23d  Va.  Battalion,  as  follows  : 

Of  the  specification  of  the  charge,  Not  guilty. 

Of  the  charge,  Not  guilty. 

But  guilty  of  absence  without  leave,  under  the  circumstances  set 
fortli  in  the  specification. 

And  the  Court  do  therefore  sentence  the  accused,  N.  M.  Neely, 
CO.  B  23d  Va.  Battalion  Infantry  :•  "to  cut  a  cord  of  woVl  every 
day  for  ten  successive  days,  Sundays  excepted,  and  that  he  be  kept 
under  guard  duri:ig  that  period." 

XIII.  Lt.  Col.  A.  C.  Dunn,  37th  Battalion  Va.  Cavalry. 
Charge.     Disobedience  of  orders. 

FINDING  AND  SENTENCE  OF  THE  COURT. 
After   mature   deliberation   the  Court  find  the  accused,  Lt.  Col. 
A.  C.  Dunn,  37th  Batt.  Va.  Cavalry,  as  follows  : 

Of  the  1st  specification  of  the  charge,  Not  guilty. 

Of  the  2nd  specification  of  the  charge,  Not  guilty. 


Of  the  cKarge,  Not  guiUy. 

In  rendering  this  verdict  the  Court  expresses  the  opinion  that  in 
as  much  as  Lt.  Goh  Dunn,  and  his  officers,  supposed  the  first 
artillery  firing  to  be  several  miles  distant  from  Beverly,  and 
not  in  the  attack  which  it  Avas  proposed  to  make  in  fronr,'Lt. 
Col.  Dunn's  failure  at  that  time  to  make  a  vigorous  attack  in  rear  of 
Beverly,  is  not  considered  by  the  Court  a  disobedience  of  orders. 
Therefore,  Lt.  Col.  A.  C.  Dunn,  is  hereby  honorably  acquitted  of 
the  charge  of  disobedience  of  orders.  ^ 

XIV.  Private  JoEN  S.  Potter,  co.-C,  22nd  Ya.  Regiment. 
••     Charge.     Desertion. 

FINDING  AND  SENTENCE -OF  THE  COURT. 

After  mature  deliberation,  the  Court  find  the  accused,  private 
John  S.  Potter,. CO.  C,  22nd  Ya.  Regiment,  as' follows: 

Of  the  specification  of  the  charge.  Guilty. 

Of  the  charge,  .  Guilty. 

And  the  Court  do  therefore  sentence  the  said  John  S.  Potter, 
private  co.  C,  22d  Ya.  Regiment,  ''to  be  shot  to  death  by  mus- 
ketry." 

II.  The  proceedings,  findings  and  sentences  in  the  cases  of  Lt. 
Chas.  Saumgai^lner,  co  B,  45th  Ya.  Regiment,  Capt.  C.  B.  Dun- 
can, A.  Q.  M.,  3Tth  Ya.  Battalion,  and  Lt.  Coh  A.  C.  Dunn,  of 
the  same  Battalion  are  confirmed  and  the  above  named  officers  are 
released  from  arrest  an'd  will  be  retuAed  to  duty. 

The  proceedings,  findings  and  sentences,  in  the  cases  of  Lt.  Jas. 
Buchanan,  co  B,  45th  Ya.  Regiment,  and. privates  H.  H.  Williams," 
Xjo.  E,  and  Hiram  Thompson,  co.  I,  same  Regiment  and  of  privates, 
L.  H.  Lark  and  JDaniel  Shrewsbury  and  G.  W-  Meador,  of  co.  G. 
and  Freeling  Siphers,  co.  0,,  Wade  H.  Duncan,  co.  H,  and  N.  M. 
Neeley,  co.  B,  23d  Ya.  Battalion,  are  approved,  and  will  be  carried 
into  cfi'ect  under  the  direction  of  their  respective  Regimental  and 
Battalion  Commanders. 

In  the  case  of  private  Spen«er  Goad,  co.  I,  45th"  Ya.  Regiment, 
the  charge  is  laid  on  the  13th  of  August,  and  the  proof  shows  the 


offeiiee  to  have  been  committed  the  previous  day.  The  substance 
of  the  offense  was  the  disobeying  a  positive  order  of  a  superior  offi- 
cer. The  offense  was  proven  and  the  variation  of  time  was  not  suffi- 
cient under  the  proof  to  justify  an  acquittaL  The  finding  of  the 
Court  is  therefore  disapproved.  Private  Goad  will  be  released 
from  arrest  and  returned  to  duty. 

Upon  the  recommendation  of  the  Court,  and  in  consideration  of 
the  fact  that  he  received  assurances  of  immunity  from  punishment, 
if  he*  returned  to  duty,  from  his  Brigade  Commander  ;  the  proceed- 
ings and  findings  of  the  Court  are  approved  ;  but  the  sentence  is 
remitted,  and  private  Jno.  S.  Potter,  co.  C,  22nd  Va.  Regiment,  is 
released  from  arrest  and  wall  be  returnd  to  duty. 

This  case  must  not  be  regarded  as  a  precedent  for  similar  action 
in  the  future.  Brigade  Commanders  have  no  authority  to  give 
such  assurances,  which  hereafter  will  be  totally  disregarded. 

The  General  Court  Martial,  whereof  Col.  Wm.  H.  Brown,  is 
President,  is  hereby  dissolved. 

By  order  of 

MAJ:  gen.  SAM.  JONES, 
Chas.  S.  Stringpellow, 

Ass't  Adj't  General. 


Hollinger  Corp. 
pH  8.5 


